Act No. 37 / 2012 Coll.
Law amending certain laws in connection with the reform of financial market supervision in the European Union
Valid
Effective from 31.01.2012
Zobrazeno prvních 200 z celkem 429 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
37
THE LAW
of 11 January 2012
amending certain laws relating to the reform of financial market surveillance in the European Union
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 21 / 1992 Coll., as amended by Act No. 61 / 1996 Coll., Act No. 306 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 2002 Coll., Act No. 57 / 2006 Coll., Act No. 63 / 2004 Coll., Act No. 439 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 47 / 2004 Coll.
1. At the end of footnote 1, the sentence "Directive 2010 / 78 / EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98 / 26 / EC, 2002 / 87 / EC, 2003 / 6 / EC, 2003 / 41 / EC, 2003 / 71 / EC, 2004 / 39 / EC, 2004 / 109 / EC, 2005 / 60 / EC, 2006 / 48 / EC, 2006 / 49 / EC and 2009 / 65 / EC with regard to the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) shall be added on a separate line. '.
2. In the second sentence of Article 5k (4), the words ", European Supervisory Authority (European Banking Authority) 19) (hereinafter" European Banking Authority ')' shall be inserted after the words "the European Commission '.
Footnote 19:
"(19) Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716 / 2009 / EC and repealing Commission Decision 2009 / 78 / EC.";
3. In Paragraph 5n, the sentence "If no such agreement has been reached, the Czech National Bank may request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing the supervision of the financial market in the banking sector in the last 7 days before the expiry of the deadline."
Footnote 20 reads:
"(20) Article 42a (1) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council."
4. In Article 5n (5), the first sentence is replaced by the following: "If neither the Czech National Bank nor the Supervisory Authority referred to in paragraph 2 requests the European Banking Authority to settle a dispute pursuant to paragraph 4, the Czech National Bank shall decide to designate the branch of a foreign bank as significant within 2 months of the date on which it informed the Supervisory Authority referred to in paragraph 2 or shall notify that authority within the same time limit that it is withdrawing from that intention."
5. in Paragraph 5n, the following paragraph 6 is inserted after paragraph 5:
"(6) Where the Czech National Bank or the Supervisory Authority referred to in paragraph 2 requests the European Banking Authority to settle a dispute pursuant to paragraph 4, the Czech National Bank shall suspend the procedure for designating a branch of a foreign bank as significant until a decision has been taken by the European Banking Authority. ';
Paragraph 6 shall become paragraph 7.
6. In Article 12a, the following paragraphs 8 and 9 are inserted after paragraph 7, including footnote 21:
"(8) If no agreement has been reached pursuant to paragraph 7, the Czech National Bank may, within the last 7 days before the deadline referred to in paragraph 7, request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision in the banking sector. The same applies if no agreement has been reached in cases where the Czech National Bank exercises supervision over a member of a group of European controlling banks or a group of European financial holding companies or a bank controlled by a European controlling securities dealer under the law governing the capital market business 1b). If neither the Czech National Bank nor the supervisory authorities concerned request a settlement of the dispute, the Czech National Bank shall decide on the joint application referred to in paragraph 5 within 6 months of its receipt.
(9) If the Czech National Bank or the supervisory authorities concerned request a settlement of a dispute under paragraph 821), the Czech National Bank shall suspend the joint application procedure referred to in paragraph 5 until a decision has been taken by the European Banking Authority.
21) Article 129 (2) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directive 2010 / 78 / EU of the European Parliament and of the Council. '
Paragraph 8 shall become paragraph 10.
7. in Article 25a (4) (j):
"(j) Czech National Banks as Central Bank of the Czech Republic and the Financial Market Supervision Authority,"
8. In Article 25a, the words "and in relation to the European Central Bank, the European Banking Authority, the European Systemic Risk Board 22 'shall be added at the end of the text of paragraph 4.
Footnote 22:
"(22) Regulation (EU) No 1092 / 2010 of the European Parliament and of the Council of 24 November 2010 on macro-prudential supervision of the financial system at European Union level and establishing a European Systemic Risk Board.";
9. In Article 26c (9), the third sentence is deleted and footnote 17 is replaced by the following:
"(17) Article 131 of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directive 2010 / 78 / EU of the European Parliament and of the Council. Article 28 of Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716 / 2009 / EC and repealing Commission Decision 2009 / 78 / EC."
10. in Article 26c (10), the second sentence is deleted;
11. in the second sentence of Article 26e (5), "the European Banking Committee" is replaced by "the European Banking Authority."
12. the words "and to the European Banking Authority" shall be added at the end of paragraph 5.
13. In Section 26i, the current text becomes paragraph 1 and paragraphs 2 and 3 are added, including footnote 23:
"(2) If the competent supervisory authority of another Member State does not cooperate adequately with the Czech National Bank in the performance of its tasks referred to in paragraph 1, the Czech National Bank may inform the European Banking Authority (23).
(3) The Czech National Bank may also inform the European Banking Authority of cases where, in the exercise of supervision on a consolidated basis, the supervisory authority of another Member State of a group of European controlling banks or of a group of European financial holding company whose member is subject to the supervision of the Czech National Bank, does not perform its tasks imposed on the basis of a regulation of the European Union governing the activities of credit institutions (23).
23) Article 129 (1) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council. '
14. in Article 26j (1), the words "to the European Banking Authority and the European Systemic Risk Board" shall be inserted at the beginning of point (b);
15. in Article 26j (2), the words "European Banking Authority" shall be inserted after the words "grace."
16. In Article 26k, at the end of paragraph 2, the words "within a period of 4 months from the date on which the report was submitted to the other supervisory authorities of the members of the group concerned 'shall be added.
17. In the first sentence of Article 26k (3), the words "within this time limit 'shall be inserted after the first sentence of Article 26k (3), the words" within 4 months from the date on which the Czech National Bank submitted a report to the other supervisory authorities of the members of the group concerned pursuant to paragraph 2' and the words "the Czech National Bank is responsible for imposing the corrective measures referred to in paragraph 1 to the members of the group concerned and without agreement with the other supervisory authorities of the group concerned. In so doing, the Czech National Bank shall take into account the risk assessment of the members of this group, expressed in the opinion of the other supervisory authorities of that group, and shall notify them of a copy of the written draft decision ';
"(a) the Czech National Bank shall be responsible for imposing the corrective measures referred to in paragraph 1 on the members of the group concerned which it oversees, even without agreement with the other supervisory authorities of the group concerned; having regard to the assessment of the risks of the members of that group, expressed in the opinion of the other supervisory authorities of that group, and having regard to those authorities, a copy of the draft decision; or
(b) the Czech National Bank may, within the last 7 days before the expiry of that deadline, request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision in the banking sector (24); where the Czech National Bank or the supervisory authorities of the members of the group concerned referred to in paragraph 1 apply for such settlement, the Czech National Bank shall suspend the proceedings for the imposition of remedies pending a decision by the European Banking Authority. ';
Footnote 24 reads:
"(24) Article 129 (3) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council."
18. in Paragraph 26k (4):
"(4) If no agreement has been reached between the consolidating supervisor of a group of European controlling banks, a group of European financial holding company or a group of European controlling securities dealers under the capital market business law and the Czech National Bank imposing measures to correct the Czech National Bank which is a member of one or more of those groups, within a period of 4 months from the date on which the consolidating supervisor submitted a report to the Czech National Bank on the risk assessment of the group,
(a) the Czech National Bank shall be responsible to that bank for the separate imposition of the remedies provided for in Article 26 (1) (h); having regard to the assessment of the risks of the members of that group, expressed in the opinion of the other supervisory authorities of that group, and having regard to those authorities, a copy of the draft decision; or
(b) the Czech National Bank may, within the last 7 days before the expiry of that deadline, request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision in the banking sector (24); where the Czech National Bank or the supervisory authorities of the members of the group concerned referred to in paragraph 1 apply for such settlement, the Czech National Bank shall suspend the proceedings for the imposition of remedies pending a decision by the European Banking Authority. ';
19. in Article 26k (5), first and last sentences, the word 'Committee' shall be replaced by 'European Banking Authority';
20. In the first sentence of Article 26k (6), "or 4 'is replaced by" 3 (a) or (4) (a)' and "to 5 'is replaced by" 2 (3) (a), (4) (a) and (5)'.
21. in the last sentence of Article 26k (6), "or 4" shall be replaced by "(a) or (4) (a)."
22. in Article 26l (6), the word "Committee" shall be replaced by "European Banking Authority."
23. In Paragraph 38d (1) of the introductory part of the provision, the words "all relevant facts acquired in the exercise of its supervisory functions relevant to the proper exercise of that supervision within the European Union" shall be inserted after the word "Commission."
24. in Paragraph 38d (1) (b), the words "granted and" shall be deleted;
25. in Article 38d (1), points (c) and (d) are deleted;
Points (e) to (i) shall be renumbered as points (c) to (f).
26. in Article 38d (1), the words "in which the bank is involved" shall be added at the end of the text of point (c).
27. in Article 38d (1) (d):
"(d) contracts pursuant to § 26c (9) and (10) and agreements pursuant to § 26e (3),"
28. in Article 38d (1), at the end of point (f), the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) licences to carry out banking activities through a branch granted to a foreign bank having its registered office in a Member State other than a Member State;
(h) the conditions to be fulfilled for the issue of a licence under this Act. ';
29. in Article 38d (2) and (3):
"(2) The Czech National Bank shall inform the European Banking Authority of all relevant facts arising from its exercise of banking supervision relevant to the proper exercise of such supervision within the European Union, in particular:
(a) the number and nature of the cases in which it refused to allow a bank or financial institution fulfilling the conditions laid down in Article 5e (1), having its registered office in the Czech Republic, to establish a branch in another Member State or to apply the procedure laid down in Article 26 to a branch under Article 5a (1);
(b) licences granted and withdrawn;
(c) contracts under Article 26c (9) and (10) and agreements under Article 26e (3),
(d) data collected to compare remuneration systems and procedures introduced by other banks;
1. the number of persons whose revenue amounts to at least EUR 1 000 000, broken down by area of activity of the Bank;
2. the main components of wages, premiums, performance-based remuneration for a longer period of time and the special pension benefits of persons referred to in point 1;
(e) the financial holding persons in which the bank is participating;
(f) licences to carry out banking activities through a branch granted to a foreign bank having its registered office in a Member State other than a Member State;
(g) the conditions to be fulfilled for the issue of a licence under this Act.
(3) The Czech National Bank shall inform the European Banking Committee of licences to carry out banking activities through a branch of a foreign bank or a financial institution which has its registered office in a Member State other than the Member State. "
30. in Article 38h (2), the words "in which the bank is involved" shall be added at the end of the text of point (e);
31. in Paragraph 38h, the following paragraph 3 is inserted after paragraph 2:
"(3) Within the framework of the cooperation referred to in paragraph 1, the Czech National Bank may request the banking supervisory authorities of other States for the information referred to in paragraph 2. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
32. in Paragraph 38h (5), "3" is replaced by "4."
33. In Section 38h, the following paragraph 6 is added:
"(6) The Czech National Bank may inform the European Banking Authority if the Banking Supervision Authority rejects a request from the Czech National Bank for cooperation, in particular to provide information, or does not provide the required information within a reasonable period of time, or if the Banking Supervision Authority of another Member State does not provide the information referred to in paragraph 4 from its own initiative (25).
25) Articles 42 and 132 of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council. ';
Amendment of the Act on savings and credit cooperatives
Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 100 / 2000 Coll., Act No. 406 / 2001 Coll., Act No. 212 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll.
1. At the end of footnote 1, the sentence "Directive 2010 / 78 / EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98 / 26 / EC, 2002 / 87 / EC, 2003 / 6 / EC, 2003 / 41 / EC, 2003 / 71 / EC, 2004 / 39 / EC, 2004 / 109 / EC, 2005 / 60 / EC, 2006 / 48 / EC, 2006 / 49 / EC and 2009 / 65 / EC with regard to the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) shall be added on a separate line. '.
2. In Article 8, the following paragraphs 9 and 10 are inserted after paragraph 8, including footnotes 30 and 31:
"(9) If no agreement has been reached pursuant to paragraph 8, the Czech National Bank may, within the last 7 days before the deadline referred to in paragraph 8, request the European Supervisory Authority (European Banking Authority) 30) (hereinafter the" European Banking Authority ') to settle the dispute under the directly applicable regulation of the European Union governing financial market supervision in the banking sector (31). The same applies if no agreement has been reached in cases where the Czech National Bank exercises supervision over a member of a group of European controlling credit institutions [§ 1a (1) (l)] or a group of European financial holding company [§ 1a (1) (m)] or a cooperative reserve which is controlled by a European controlling securities trader under the law governing the capital market business (11). If neither the Czech National Bank nor the supervisory authorities concerned request a settlement of the dispute, the Czech National Bank shall decide on the joint application referred to in paragraph 5 within 6 months of its receipt.
(10) Where the Czech National Bank or the supervisory authorities concerned request a settlement of a dispute pursuant to paragraph 931), the Czech National Bank shall suspend the joint application procedure referred to in paragraph 6 until a decision has been taken by the European Banking Authority.
30) Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716 / 2009 / EC and repealing Commission Decision 2009 / 78 / EC.
31) Article 129 of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council. '
Paragraphs 9 and 10 shall be renumbered paragraphs 11 and 12.
3. Sections 21 and 22, including the title, read:
"Supervision of cooperative backups
(1) The Czech National Bank exercises supervision of the activities of cooperative advances and compliance with the obligations laid down by this Act or by a special law governing the exercise of the activities which the cooperative advances are entitled to carry out under this Act.
(2) The Czech National Bank may request an on-the-spot check of its supervised entities in the territory of host States. These persons are obliged to allow on-the-spot checks and to provide the Czech National Bank with the necessary synergies. If the Czech National Bank has requested an inspection, it shall be entitled to take part in it, unless it itself carries out the check.
(3) The Czech National Bank shall at the same time review and evaluate, at least once a year, the arrangements, strategies, procedures and mechanisms established by the Cooperative Reserve and the capital of the Cooperative Reserve ensure the safe and reliable operation of the Cooperative Reserve and cover the risks to which it is or may be exposed. This review and evaluation is carried out by the Czech National Bank to the extent and periodicity, adequate size, importance and position of the cooperative reserve office in the financial market and the nature, scale and complexity of its activities.
(4) The Czech National Bank has a consultation and information obligation towards the supervisory authorities of the host States and of the European Union. The Czech National Bank and the authorities of the host States shall exchange information on the activities of cooperative advances which may facilitate their supervision or examination of the conditions for authorisation.
(5) The Czech National Bank shall immediately inform the competent supervisory authority of the Member State of the European Union in which the cooperative has a branch (5a) of the decision on bankruptcy and the declaration of bankruptcy of the assets of the cooperative reserve. The Czech National Bank shall endeavour to coordinate its activities with the supervisory authorities of all Member States of the European Union in which the cooperative has a branch.
(1) The Czech National Bank shall inform the European Commission of all relevant facts obtained in the exercise of its supervision of cooperative reserves relevant to the proper exercise of supervision within the European Union, in particular:
(a) the number and nature of cases in which she rejected the application of the cooperative to establish a branch in the host State;
(b) withdrawn authorisations;
(c) financial holding persons in which the cooperative is a participant;
(d) contracts pursuant to § 25d (9) and (10) and agreements under § 25e (3),
(e) the application of the procedure laid down in Article 28 to the branch where the case cannot be delayed and is necessary in the interests of the members;
(f) all consolidation units involving the cooperative reserve;
(g) the conditions to be fulfilled for the issue of an authorisation under this Act and the implementing provisions.
(2) The Czech National Bank shall inform the European Banking Authority of all relevant facts arising from its exercise of banking supervision relevant to the proper exercise of such supervision within the European Union, in particular:
(a) the number and nature of cases in which she rejected the application of the cooperative to establish a branch in the host State;
(b) authorisations granted and withdrawn;
(c) contracts under Article 25d (9) and (10) and agreements under Article 25e (3),
(d) financial holding persons in which the cooperative is a participant;
(e) the application of the procedure laid down in Article 28 to the branch where the case cannot be delayed and is necessary in the interests of the members;
(f) the conditions to be fulfilled for the issue of an authorisation under this Law and the implementing provisions;
(g) data collected to compare remuneration systems and procedures introduced by other cooperative backups
1. the number of persons whose income amounts to at least EUR 1 000 000, broken down by area of activity of the cooperative reserve,
2. the main components of wages, premiums, performance-based remuneration for a longer period of time and the special advantages of the persons referred to in point 1. ';
4. In Article 22a, paragraph 6 is added, including footnote 32:
"(6) The Czech National Bank may inform the European Banking Authority if the Banking Supervision Authority of another Member State rejects a request from the Czech National Bank for cooperation, in particular to provide information, or fails to provide the required information within a reasonable timescale, or if the Banking Supervision Authority of another Member State fails to provide the information referred to in paragraph 3 from its own initiative (32).
32) Articles 42 and 132 of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council. ';
5. In Paragraph 22b, the sentence "If no such agreement has been reached, the Czech National Bank may request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing the supervision of the financial market in the banking sector (33) in the last 7 days before the expiry of the deadline."
Footnote 33 reads as follows:
"(33) Article 42a (1) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council."
6. in 25a (4) (i):
"(i) Czech National Banks as Central Bank of the Czech Republic and the Financial Market Supervisory Authority,"
7. In Paragraph 25a (5), the word "valid 'is replaced by" shall apply' and the word "mutatis mutandis' shall be replaced by the words" and the European Central Bank, the European Banking Authority and the European Systemic Risk Board (34) by analogy '.
Footnote 34 reads:
"(34) Regulation (EU) No 1092 / 2010 of the European Parliament and of the Council of 24 November 2010 on macro-prudential supervision of the financial system at European Union level and establishing a European Systemic Risk Board.";
8. In Article 25d (9), the fourth sentence is deleted and footnote 27 is deleted and the sentence "No 2006 / 48 / EC on the taking up and pursuit of the business of credit institutions' is added to" Article 28 of Regulation (EU) No 1093 / 2010 of the European Parliament and of the Council, amending Decision No 716 / 2009 / EC and repealing Commission Decision 2009 / 78 / EU '.
9. In Article 25d (10), the second sentence is deleted.
10. in the second sentence of Article 25e (5), the words "European Banking Committee 25)" shall be replaced by the words "European Banking Authority."
footnote 25 is deleted.
11. the words "and to the European Banking Authority" shall be added at the end of paragraph 5.
12. In § 25g, the current text becomes paragraph 1 and paragraphs 2 and 3 are added, including footnote 35:
"(2) If the competent supervisory authority of another Member State does not cooperate adequately with the Czech National Bank in the performance of its tasks referred to in paragraph 1, the Czech National Bank may inform the European Banking Authority (35).
(3) The Czech National Bank may also inform the European Banking Authority of cases where the supervisory authority of another Member State, when exercising supervision on a consolidated basis on a consolidated basis over a group of European controlling credit institutions, a group of European financial holding companies or a group of European controlling securities dealers under a law governing business on the capital market, the member of which is subject to the supervision of the Czech National Bank, does not perform its tasks imposed on the basis of a regulation of the European Union governing the activity of credit institutions (35).
35) Article 129 of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council. ';
13. in Article 25h (1), the words "to the European Banking Authority and the European Systemic Risk Board" shall be inserted at the beginning of point (b);
14. in Article 25h (2), the words "European Banking Authority" shall be inserted after the words "grace."
15. In § 25k, the words "within 4 months of the Czech National Bank submitting this report to the other supervisory authorities of the group concerned 'shall be added at the end of the text of paragraph 2.
16. In the first sentence of Article 25k (3), the words "within this time limit 'shall be inserted after the first sentence of Article 25k (3), the words" within 4 months from the date on which the Czech National Bank submitted a report to the other supervisory authorities of the members of the group concerned in accordance with paragraph 2' and the words "the Czech National Bank is responsible for imposing the corrective measures referred to in paragraph 1 to the members of the group in question, even without agreement with the other supervisory authorities of the group concerned. In so doing, the Czech National Bank shall take into account the risk assessment of the members of this group, expressed in the opinion of the other supervisory authorities of the members of this group, and shall notify them of a copy of the written draft decision ', shall be replaced by the following points (a) and (b):
"(a) the Czech National Bank shall be responsible for imposing the corrective measures referred to in paragraph 1 on the members of the group concerned which it oversees, even without agreement with the other supervisory authorities of the group concerned; having regard to the assessment of the risks of the members of that group, expressed in the opinion of the other supervisory authorities of that group, and having regard to those authorities, a copy of the draft decision; or
(b) the Czech National Bank may, within the last 7 days before the expiry of that deadline, request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision (36); where the Czech National Bank or the supervisory authorities of the members of the group concerned referred to in paragraph 1 apply for such settlement, the Czech National Bank shall suspend the proceedings for the imposition of remedies pending a decision by the European Banking Authority. ';
footnote 36:
"36) Article 129 (3) of Directive 2006 / 48 / EC of the European Parliament and of the Council, as amended by Directives 2009 / 111 / EC and 2010 / 78 / EU of the European Parliament and of the Council.";
17. in Paragraph 25k (4):
"(4) If no agreement has been reached between the consolidating supervisor of a group of European controlling credit institutions, a group of European financial holding company or a group of European controlling securities dealer under the capital market business law and the Czech National Bank for the imposition of measures to correct the Czech National Bank by a cooperative advance which is a member of one or more of those groups, within a period of 4 months from the date on which the consolidating supervisor submitted a report to the Czech National Bank on the risk assessment of the group,
(a) the Czech National Bank is responsible for imposing the cooperative advance on its own in accordance with Paragraph 28 (1) (g); having regard to the assessment of the risks of the members of that group, expressed in the opinion of the other supervisory authorities of that group, and having regard to those authorities, a copy of the draft decision; or
(b) the Czech National Bank may, within the last 7 days before the expiry of that deadline, request the European Banking Authority to settle the dispute in accordance with the directly applicable regulation of the European Union governing financial market supervision (36); where the Czech National Bank or the supervisory authorities of the members of the group concerned referred to in paragraph 1 apply for such settlement, the Czech National Bank shall suspend the proceedings for the imposition of remedies pending a decision by the European Banking Authority. ';
18. In Article 25k (5), first and last sentences, the words "Committee of European Banking Supervisors' are replaced by the words" European Banking Authority '.
19. In the first sentence of Article 25k (6), "or 4 'is replaced by" 3 (a) or 4 (a)' and "up to 5 'is replaced by" 2 (3) (a), (4) (a) and (5)'.
20. In the last sentence of Article 25k (6), "or 4 'is replaced by" (a) or (4) (a)';
21. in Article 25l (6), the words "Committee of European Banking Supervisors" shall be replaced by the words "European Banking Authority";
Amendment to the Capital Market Supervisory Act
Act No. 15 / 1998 Coll., on supervision in the field of capital market and amending and supplementing other laws, as amended by Act No. 30 / 2000 Coll., Act No. 362 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 308 / 2002 Coll., Act No. 160 / 2002 Coll., Act No. 187 / 2004 Coll., Act No. 70 / 2006 Coll., Act No. 224 / 2006 Coll., Act No. 227 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 104 / 2008 Coll., Act No. 230 / 2008 Coll.
1. footnote 1a is deleted, including the footnote references.
(2) Paragraph 4, including footnote 29 to 31, reads as follows:
(1) The Czech National Bank is the competent authority in the Czech Republic under the directly applicable regulation of the European Union on credit rating agencies (29).
(2) The Czech National Bank, in accordance with the directly applicable European Union regulation on credit rating agencies (30), shall, at the request of the European Securities and Markets Authority, confirm its decision for the purposes of enforcement by the competent authority in the Czech Republic. The revenue from the financial penalty imposed on the basis of such a decision shall constitute the revenue of the budget of the European Union; For the purposes of managing their payment, such financial penalties are treated as public budget revenue under the tax rules 31).
(29) Regulation (EC) No 1060 / 2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies, as amended by Regulation (EU) No 531 / 2011 of the European Parliament and of the Council.
30) Article 36d (2a) of Regulation (EC) No 1060 / 2009 of the European Parliament and of the Council, as amended by Regulation (EU) No 531 / 2011 of the European Parliament and of the Council.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 37 / 2012 Coll., amending certain laws in connection with the reform of financial market supervision in the European Union |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.2012 |
|---|---|
| Effective from | 31.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0